Stalking Protection Orders - Statutory guidance for the police January 2021 - Gov.uk
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Stalking Protection Orders
Statutory guidance for the police
January 2021
1Contents
Section
Section 1 – Status and purpose of this document ............................................. 3
Section 2 – Applying for an order or interim order ............................................. 5
Section 3 – Service of Stalking Protection Orders ........................................... 18
Section 4 – Managing the subject of an order or interim order ........................ 19
Section 5 – Variation, renewal and discharge of an order or interim order ...... 23
Section 6 – Appeals ........................................................................................ 24
Section 7 – Legal Aid ...................................................................................... 25
Annex A – Understanding stalking .................................................................. 26
Annex B – Stalking Protection Act 2019 .......................................................... 37
Annex C – Stalking offences ........................................................................... 47
Annex D – Stalking support services ............................................................... 50
Annex E – Further guidance on stalking.......................................................... 51
2Section 1 – Status and purpose of this document
Introduction
1. The Stalking Protection Act 2019 received Royal Assent on 15 March
2019. The Act introduces a new civil Stalking Protection Order. The new
order closes a gap in the existing protective order regime. The threshold to
commence criminal proceedings for the commission of an offence does not
need to be met for an order to be made - this allows for early police
intervention in stalking cases.
Where that threshold has already been met, a Stalking Protection Order
is not an alternative to prosecution for stalking offences under the
Protection from Harassment Act 1997 (set out at Annex C – Stalking
offences). A Stalking Protection Order can be used to complement a
prosecution of a stalking offence.
2. This guidance is issued as statutory guidance under section 12 of the
Stalking Protection Act 2019 which came into force on 20 January 2020.
3. The use of Stalking Protection Orders should be considered as part of local
adult and/or child safeguarding and public protection procedures.
Audience
4. This guidance is for the police in the exercise of their functions in relation to
Stalking Protection Orders. It is designed to assist police officers to make
appropriate and proportionate assessments when considering whether or
not to apply for or to seek to vary an order.
5. The information within this guidance may also be relevant to assist the work
of other criminal justice agencies and statutory bodies, as well as non-
governmental and voluntary organisations which may be associated with
victims or others affected by stalking behaviour.
6. This guidance applies to England and Wales only.
Aims and purpose
7. This guidance has three key functions:
• to provide strategic guidance to the police on the effective use of, and
application process for, Stalking Protection Orders, including when to
3consider applying for an order and how to manage the subject of an
order effectively;
• to provide high-level information on what stalking is and how to identify
it, including the motivations behind stalking behaviour and links to other
forms of abuse (Annex A); and
• to signpost police to other sources of guidance on stalking (set out at
Annex E – Further guidance on stalking), in particular regarding
investigating cases of stalking; assessing and managing the risk posed
by perpetrators; and safeguarding and supporting victims.
4Section 2 – Applying for an order or interim order
8. This section should be read alongside the specific provisions in the Stalking
Protection Act 2019 in relation to applications for an order or interim order.
9. This Act has been created to enable early police intervention pre-conviction
to address stalking behaviours before they become entrenched or escalate
in severity and to protect victims from more serious harm. However, there
is no restriction as to the stage of the criminal justice process at which an
order may be made, and depending on the circumstances an order could
be made following conviction or acquittal. Applications are freestanding
and the Court has the power to consider an application and make a
Stalking Protection Order at any stage, provided it is satisfied that the three
criteria set out in section 2(1) of the Act are met.
10. A Stalking Protection Order is a civil order which can be sought by the
police.
No prior conviction for stalking offences is required to apply for an order.
When to apply for a Stalking Protection Order
11. The criteria for applying for an order are set out in section 1(1) of the Act.
The police should consider applying for an order where it appears to them
that:
• The respondent has carried out acts associated with stalking;
• The respondent poses a risk of stalking to a person; and
• There is reasonable cause to believe the proposed order is
necessary to protect the other person from that risk. (The person
to be protected does not have to have been the victim of the acts
mentioned above.)
A magistrates’ court may make an order only when the similar criteria in
section 2(1) of the Act are met.
12. The circumstances when the police may apply for a Stalking Protection
Order are where:
• a victim has reported stalking behaviour, or it has come to the attention
of police during a separate investigation or by other means (such as a
third-party referral through the MARAC / MAPPA processes or from
another member of the public);
5• at any point during the course of an investigation, up to and including
the point of conviction (or acquittal), or where an investigation has not
yet commenced; and
• there is a belief the victim is at risk of harm from the respondent and
an order is necessary to protect them from such risk.
13. It is important to note that stalking can affect people of all
characteristics, and that although victims are disproportionately
female, they come from all walks of life. Officers should also be aware
that, according to Crime Survey for England and Wales data1, people
with a longstanding illness or disability are disproportionately likely to
be victims of stalking.
14. The investigating officer should consider whether to apply for an order at
the start of every stalking investigation, whether in a domestic abuse
context (such as stalking by a former intimate partner) or a case of so
called ‘stranger stalking’. This allows for protection to be in place even if the
case results in an acquittal.
15. The police can apply for an order against children and young people aged
from 10 years old up to their 18th birthday. These cases will be dealt with
by the youth courts.
16. The police should consider applying for an order not just to protect the
victim but also, where necessary, anyone connected to the victim who may
also be at risk of being stalked by the respondent.
17. Stalking Protection Orders can be applied for even if prosecution is not
pursued.
18. The police will need to conduct an assessment of the risk posed by the
respondent in order to decide whether to apply for a Stalking Protection
Order. Investigators should consult with the victim at an early stage in this
process as their views around the risks to them are important to consider.
The police should ensure that an appropriate specialist stalking risk
assessment or screening tool is used, in consultation with other relevant
agencies or via an independent risk assessor where appropriate. This is to
1Stalking: findings from the Crime Survey for England and Wales, year ending March 2019 -
https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/datasets/stalkingfindin
gsfromthecrimesurveyforenglandandwales (Table 6b)
6ensure that they have a detailed picture, where possible, that informs
decisions throughout the Stalking Protection Order process.
19. Stalking Protection Orders are not exclusive to cases of so called ‘stranger
stalking’ and may also be used in a domestic abuse context where
appropriate. They may be particularly relevant in cases of economic abuse
which commonly occurs or continues after an intimate partner relationship
has ended. See Annex A for further information on the overlap with other
forms of abuse.
20. The police should consider reasonableness when considering whether to
apply for an order, taking into account the circumstances of the matter and
the background to the behaviour. The police should ensure that the victim
reasonably finds the behaviour unwelcome, that the respondent ought
reasonably to have known that and that the behaviour can reasonably be
regarded as posing a risk to the victim.
Note that victims may not be fully aware that all of the behaviour to
which they have been subjected may amount to stalking.
21. The risk of stalking posed by the respondent may be in respect of physical
or psychological harm to the other person and/or physical damage to their
property. Risk may arise from acts which the respondent knows or ought
reasonably to know are unwelcome to the other person, even if in other
circumstances or individually the acts may appear in themselves
harmless. For example, sending someone unwanted gifts or flowers in
conjunction with other behaviour may constitute stalking behaviour. For
more examples of acts or omissions which may amount to stalking
behaviour, see section 2A of the Protection from Harassment Act 1997 (set
out at Annex C – Stalking offences) or Annex A – Understanding stalking.
22. The behaviour which forms the basis for an application can have taken
place:
• in any part of the United Kingdom, or abroad;
• before or after the commencement of section 2(5) of the
Stalking Protection Act 2019.
23. The victim may still be able to apply for other similar protective orders, such
as Injunctions or Non-Molestation Orders in relation to anti-social
behaviour, however this will depend on the circumstances of each case.
724. The police may, however, consider applying for a Stalking Protection Order
before or during an investigation for a stalking offence for which a
prosecution may be brought at a later stage. The purpose of applying for
the Stalking Protection Order in those circumstances is to protect the victim
from any stalking risk identified prior to or during the course of any
investigation and criminal proceedings.
Interim orders
25. An interim Stalking Protection Order is a temporary order imposing
prohibitions and/or positive requirements as the Court considers
appropriate.
26. The purpose of an interim order is to protect the victim during any period
between the application for a full order and its determination. Breach of any
of the conditions of an interim order is a criminal offence carrying the same
maximum penalty as breach of a full order.
27. Interim orders are intended to provide a speedier process to obtain an order
when there is an immediate risk of harm, for example in cases where there
are factors that include suicidal or homicidal ideation, but where further
information or investigation is required to meet the criteria to obtain a full
Stalking Protection Order or when the court is unable to provide the full
order in time.
28. It is a matter for the courts to interpret whether or not it is just to make an
interim order. If an application is properly made and supported, an interim
order may be granted. The court may make an interim order if it considers it
appropriate to do so.
29. It is expected that any interim order granted will be for a limited period of
time to enable this additional information to be obtained/investigation to be
undertaken and that once complete an application for a full order will be
determined.
30. The process for making an application for an interim order is the same as
that for a full Stalking Protection Order. The police may be required to
provide a written statement for court or provide evidence in person when
applying for a Stalking Protection Order.
31. The court may, if it considers it appropriate to do so, make an interim
Stalking Protection Order—
8a. prohibiting the respondent from doing anything described in the
order, or
b. requiring the respondent to do anything described in the order.
32. An interim Stalking Protection Order has effect only for a fixed period
specified in the order, and ceases to have effect on the determination of the
main Stalking Protection Order application.
What is the difference between a ‘full’ Stalking Protection Order and an
interim order?
33. When considering whether to make an interim order, the court can make
one ‘if it considers it appropriate to do so’ [emphasis added] as per section
5(3) of the Stalking Protection Act 2019. This is a lower threshold than
that required to make a ‘full’ order, where the court can make one only if it
is ‘satisfied’ that an order is ‘necessary to protect another person’
[emphasis added] from stalking as per section 2(1) of the Stalking
Protection Act 2019. So an interim order could potentially be made more
quickly on an immediate assessment of risk, before a full examination of the
evidence to determine the application for the ‘full’ order.
34. Additionally, it is likely that the courts will apply the criminal standard of
proof (beyond reasonable doubt) to the fact-finding elements of a ‘full’ SPO
application (whether the defendant has carried out acts associated with
stalking, and whether the defendant poses a risk associated with stalking to
another person), whereas it is likely that the courts will not apply the
criminal standard to the fact-finding elements of an interim SPO
application, but rather apply a lower test, namely treating it as an exercise
of judgement or evaluation.
35. (It is likely that the courts will not apply the criminal standard to the non-
fact-finding element of both the ‘full’ SPO application (whether an order is
necessary to protect another person) and the interim SPO application
(whether it is appropriate to make an interim order), but will rather take the
position that they represent an exercise of judgement or evaluation.)
How to apply for a Stalking Protection Order and interim order
36. An application for an order or an interim order can be made by a chief
officer of police (as delegated) – including the chief officers of the British
Transport Police and Ministry of Defence Police – in respect of a person
9(respondent) who resides in the chief officer’s police area, or who the chief
officer believes is in that area or is intending to come to it.
37. It is not necessary for the respondent to have a prior conviction for a
stalking offence for the police to apply for a Stalking Protection Order. The
court can make a Stalking Protection Order if it is satisfied that the
conditions in section 2(1) of the Act are met. The court may make an
interim order if satisfied that it is “appropriate to do so”, pending
determination of the main application.
38. Where the respondent and the victim reside in different force areas, either
at the time of the Order being granted or following a move of either party
whilst the Order is in place, the respondent’s local force should liaise with
the victim’s local force to develop a thorough understanding of the
circumstances of the individual case and to ensure that the most
appropriate prohibitions and requirements in the circumstances are
requested or remain appropriate. Such co-ordination and sharing of
information between forces is subject to existing police frameworks for
doing so.
39. It is also important that, if an Order is granted, the force which made
the application passes full information (details of the Order including
any risk assessments completed and any risk management plans)
about the Order and conditions to the force in whose area the victim
lives (if different). This is, to ensure that the victim is fully protected
and that police in that area are aware of and can address any
breaches of the Order that may occur in their area. Ideally, forces
should identify a local point of contact to facilitate an agreed transfer
process and ongoing case management (subject to existing police
frameworks for doing so).
40. To note that a victim may experience stalking behaviour in more than one
police force area, for example if they live in one force area, work in another
and experience stalking in both. In those cases, where the respondent lives
in a third force area, the respondent’s local force is advised to liaise with,
and provide details of any Stalking Protection Order to, all relevant forces.
41. An application for an order must be authorised by an officer not below
the rank of superintendent.
10Commencing Proceedings in the Magistrates’ Court
42. An application for a ‘full’ Stalking Protection Order is made by way of
complaint by the police – including the British Transport Police and Ministry
of Defence Police - to a magistrates’ court. This means that the court will
act in its civil capacity and so the civil rules of evidence apply and hearsay
is admissible. It is likely that the courts will apply the criminal standard of
proof (beyond reasonable doubt) to the fact-finding elements of an SPO
application (whether the defendant has carried out acts associated with
stalking, and whether the defendant poses a risk associated with stalking to
another person). If and when the court finds that the person has carried out
the acts and poses a risk, it is likely that the courts will then not apply the
criminal standard to the third element of an SPO application (whether an
order is necessary to protect another person), but rather treat it as being
an exercise of judgement or evaluation.
43. This assessment is based on the judgment in the House of Lords in R
(McCann) v Crown Court at Manchester [2003] 1 AC 787. This related to
Anti-Social Behaviour Orders, which were similar to SPOs. This case does
not undermine the position that the SPO is a civil order and therefore the
procedural rights under Article 6 of the ECHR apply. Every person is
entitled to a fair and public hearing, within a reasonable time, by an
independent and impartial tribunal. Assessment of whether these
safeguards have been met will be determined on the facts of each case in
the context of relevant caselaw.
44. If the respondent is under 18, the complaint is made to a youth court. The
general provisions governing applications for civil orders in the magistrates’
courts are as set out in Part 2 of the Magistrates’ Courts Act 1980. In order
to expedite the process, it is recommended that the police consider alerting
the court prior to making an application, to help in its scheduling.
45. An application for an interim order is also made by way of complaint. This
application may either be commenced at the same time as the main
application or where the main application has been made but not yet
determined. It is likely that the courts will not apply the criminal standard of
proof for any of the elements of an interim SPO application, but rather apply
a lower test than that used in ‘full’ SPO applications, and thus treat it as an
exercise of judgement or evaluation.
1146. A court may, and usually will, issue a summons to secure the respondent’s
attendance at the hearing. There is no legal requirement for the Police to
issue an additional notice of hearing to the respondent.
47. Where the complaints for both the main order and an interim order are
commenced at the same time, the Police should request that the court
issues a summons for both the main application and the interim order,
albeit to the same hearing date. Applications for both the main order and
the interim order must be made by the same police force.
48. Where an interim order application is made at court whilst the respondent is
present, there is no need for the court to issue a summons to consider the
interim order application.
49. There is a financial cost to the police associated with applying to the court
for an order. The fee should be paid at the same time as the application is
made. Police forces may have arrangements in place locally for the
payment of Court fees.
50. There is an additional fee if the application leads to a hearing and if the
application is contested. Fees are prescribed in the Magistrates’ Courts
Fees Order 2008 (Amended)2.
Service of the summons
51. The court will issue the summons to the police and then the responsibility
for service of the summons to the respondent lies with the Police.
Generally, a summons will be served by posting it to the respondent at an
address where it is reasonably believed that they will receive it, leaving it at
such an address for the respondent or handing it in person to the
respondent. Rule 99, Magistrates’ Courts Rules 1981 as amended by the
Magistrates’ Courts (Amendment) Rules 2019 clarifies other permissible
methods of service.
The Hearing – Proceeding in the respondent’s absence
52. If the respondent fails to attend the hearing, the court may either:
• hear the application for the Stalking Protection Order in the respondent’s
absence. If the Stalking Protection Order is granted there will be no need
for the court to consider the interim order;
2 The Magistrates’ Courts Fees Order 2008 (Amended) -
https://www.legislation.gov.uk/uksi/2014/875/made?view=plain
12• issue a warrant for the respondent’s arrest and consider an interim order if
laid;
• adjourn the main application and consider an interim order if laid; or
• adjourn the main application, and an interim order if laid, to another date.
53. The court may issue a warrant or hear an application for the main order or
any interim order in the respondent’s absence only if the legal requirements
in section 55 of the Magistrates’ Courts’ Act 1980 are met. The court needs
to be satisfied either that the respondent was present at an earlier hearing
or that the respondent has been served with the summons by one of the
prescribed methods within what the court decides is a reasonable time
before the hearing. Before the court can make an interim order in the
respondent’s absence, the respondent must have been summoned to
answer the interim order complaint, alongside the summons for the main
application.
Evidential Requirements
54. The court may consider hearsay evidence in addition to live testimony from
witnesses to determine the application for a Stalking Protection Order or
interim order. Witnesses for the Police therefore need to be warned, if
required, only after the respondent has confirmed at the first hearing that
the evidential basis for the order is contested and the court has adjourned
for a contested hearing.
55. Where the Police wish to rely upon hearsay evidence, a notice of the
evidence must be served on the respondent at least 21 days before the
hearing (Rule 3 Magistrates’ Courts (Hearsay Evidence in Civil
Proceedings) Rules and section 2 of the Civil Evidence Act 1995). The
court or justice’s clerk can apply discretion to vary the time limit on
application or of its/their own initiative. Failure to comply with this
requirement does not prevent the evidence being admissible but is a factor
the court may consider in deciding how to proceed and on the issue of
costs.
56. Whilst the Act provides for the Police to apply for Stalking Protection Orders
to reduce the potential impact on vulnerable victims, there may be
circumstances where it is appropriate for the victim or other witness to
attend the application hearing to provide evidence in support of the
application. Whilst there is no legislation underpinning the process by
which the Court may grant special measures, it is able to rely on common
law powers to do so where appropriate (R v X (1989) 91 Cr App Rep 36,
13[1990] Crim LR 515). When completing the application for an SPO, if the
Police decide that witness attendance is necessary and special measures
are required, they should complete the relevant ‘Special Measures’ section
of the SPO application confirming the witness’s name, the reason special
measures are sought, and the type of measure sought. The Court will
consider the request on receipt of the application and prior to listing the
hearing. The Police can then inform the witness in advance of the hearing
about whether the request has been successful.
Terms for inclusion in the order
57. Within an application for a Stalking Protection Order, or an interim order,
police can request both prohibitions and/or requirements within an order
to protect the victim from the risk of stalking. However, the final decision as
to which conditions to include within an Order is for the magistrates’ court to
take.
58. A person who, without reasonable excuse, breaches a Stalking Protection
Order or an interim Stalking Protection Order commits a criminal offence.
59. The Courts, in line with their responsibilities under the Human Rights Act as
a public body, will as far as possible have to interpret the Stalking
Protection Act 2019 in a way that is compatible with the European
Convention on Human Rights (ECHR), including the Article 2 right to life for
the victim and the Article 8 right to privacy for the respondent. Any
interference with the rights to life and privacy of a person would have to be
justified for one of the reasons set out in Article 2 and Article 8 and be
proportionate.
60. It is best practice for the police to engage with the victim to obtain their
views on the most appropriate conditions to request within an application
for an order. The application must effectively demonstrate the necessity for
the order, the conditions requested and the risk of harm (which may be
psychological and/or physical) posed, as well as that the conditions
suggested are proportionate to the harm posed as per the criteria in section
1(1) of the Act.
61. An order has effect for a fixed period specified in the order or until a further
order is made. Where a fixed period is specified in the order, it must be for
a period of at least two years. Different periods may be specified in relation
to different prohibitions or requirements in the terms of the order, depending
on the circumstances.
1462. A prohibition or requirement has effect in all parts of the United Kingdom
unless expressly limited to a particular locality.
63. The conditions of an order could include prohibiting the respondent from:
• entering certain locations or defined areas where the victim resides
or frequently visits;
• contacting the victim by any means, including via telephone, post,
email, SMS text message or social media;
• contacting or interacting with the victim via third parties, for example
friends or family;
• making reference to the victim on social media either directly or
indirectly;
• making vexatious applications to the civil court (including the Family
Court) which reference the victim;
• recording images of the victim;
• using any device capable of accessing the internet unless it has the
capacity to retain and display the history of internet use;
• physically approaching the victim (at all, to within a specified area or
as outlined on a map); and/or
• engaging in any form of surveillance of the victim by any means.
64. The conditions of the order could include positive requirements to:
• attend an assessment of suitability for treatment;
• attend an appropriate perpetrator intervention programme;
• attend a mental health assessment;
• attend a drugs and alcohol programme;
• surrender devices;
• provide the police with access to social media accounts, mobile
phones, computers, tablets and passwords/codes; and/or
• sign on at a police station.
Each application should be considered on its own circumstances when
deciding the most appropriate conditions and the above lists are not
exhaustive.
65. When drafting an SPO application police are advised to ensure that any
conditions sought in applications are clear, specific and proportionate to the
circumstances to assist the court which is considering the application to
impose the most appropriate conditions.
1566. The police should not request that electronic monitoring be imposed to
ensure compliance with the conditions of a Stalking Protection Order, as
the infrastructure is not in place for that to happen.
67. The CPS will be involved if an order is breached and the breach
prosecuted. It may therefore also be sensible to seek CPS advice on the
wording of unusual or complex conditions to ensure that any breaches will
be capable of being proved to the criminal standard of proof.
68. The police should consider seeking specialist advice regarding the terms
which they request be included in the order. They may also wish to
consider investigating the availability of relevant local services and
programmes. For example, they may wish to consult with the Local
Authority, their Police and Crime Commissioner, the local Clinical
Commissioning Group, specialist healthcare practitioners or non-
Governmental organisations.
69. Police making an SPO application should ensure that any positive
requirements included within an application, such as perpetrator
intervention programmes, are appropriate to the respondent’s stalking
behaviour and the circumstances identified.
70. The police should also interrogate relevant police records to establish
whether the respondent is already subject to another order or injunction. If
so, they must ensure that the proposed conditions within the application do
not contradict the terms of any existing order.
71. The police should ensure as far as is practicable that any prohibitions and
requirements requested within an application do not conflict with the
respondent’s religious beliefs or times when they would normally attend
work or education as prescribed in section 2(3) of the Stalking Protection
Act 2019. The police should take into consideration whether the respondent
works with the victim or attends the same religious institution.
72. A Stalking Protection Order and an interim Stalking Protection Order must
specify—
• the date on which the order is made;
• the period for which it has effect. This may be fixed for a Stalking
Protection Order but must be fixed for an interim order. An
interim order will expire upon the determination of the main
application;
• each prohibition or requirement which applies to the subject;
16• whether any prohibition or requirement is expressly limited to a
particular locality and, if it is, what the locality is;
• whether any prohibition or requirement is subject to a fixed time
period which differs from the period for which the order has effect
and, if it is, what that period is.
Safeguarding a child or young person under the age of 18
73. Persons under the age of 18 can be protected by a Stalking Protection
Order.
74. The police have a duty to have regard to the need to safeguard and
promote the welfare of a child or a young person when exercising their
functions; in all investigations the principle that the welfare of the child is
paramount should be observed.
75. See Working Together to Safeguard Children 20183 for statutory guidance
on safeguarding children.
Applying for an order against a child or young person under the age of 18
76. Persons under the age of 18 can be a respondent to an order.
77. Children and young people aged from 10 years old up to their 18th birthday,
who are respondents to an order, will be subject to the same procedure as
adults, but their applications will be dealt with similarly by the youth courts.
Part 3 of the Children and Young Persons Act 1933 applies to children and
young persons in such summary proceedings in youth courts and
magistrates’ courts.
78. Under section 34A of the 1933 Act, the court must in relation to a child
under 16 (or may otherwise in any other case) require the attendance of a
parent or guardian (which may include the local authority social services
department), except in limited circumstances.
79. Every effort should be made in advance of a hearing to ensure a parent or
guardian attends, so that the court does not need to require their
attendance.
3
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/
file/779401/Working_Together_to_Safeguard-Children.pdf
1780. When applying for a Stalking Protection Order when a young person is the
respondent, the following principles should apply:
• That there is early consultation with and participation of the Youth
Offending Service (YOS) in the application process where
relevant. The application should be supported by a record of the
contact with the YOS, identifying that their views about the order
have been sought.
• That the nature and extent of any support required is based on a
structured assessment that takes into account the needs of the
young person and the imminent risk, for example of psychosocial
damage.
• That the welfare of the child or young person is the paramount
consideration, in line with local safeguarding procedures.
• That the requirements of all other orders and sentences that may
already be in existence are taken into account to ensure that any
requirements made by these orders do not restrict a young
person’s ability to complete other current orders or sentences, and
the combined burden of requirements is taken into account to
ensure the young person has the capacity to comply.
81. Section 11 of the Children Act 2004 requires the police to ensure they
promote the welfare of and safeguard children when carrying out their
duties, and the ‘no order’ principle (that alternatives to an order should be
considered first) should apply in all cases.
Section 3 – Service of Stalking Protection Orders
82. The designated officer for the court must serve a copy of a Stalking
Protection Order or interim Stalking Protection Order as soon as reasonably
practicable after such an order has been made. The order must be served
by one of the methods set out in Rule 115 of the Magistrates’ Court Rules
1981 as amended by the Magistrates’ Courts (Amendment) Rules 2019.
83. If a respondent attends the hearing of the application, they should be
provided with a copy of the order at court, where practicable. Where the
18respondent is a child or young person, a copy should also be given to their
parent or guardian if present.
84. If the respondent does not attend the hearing the order must be served by
one of the other prescribed methods.
85. The order should be accompanied with a written notice informing the
respondent:
• Of the appeal process
• Of the notification requirements
• That a breach of any of the prohibitions or requirements contained in the
order without reasonable excuse, and/or the failure to comply with the
notification requirements without reasonable excuse, and/or to
knowingly provide false name and address details, is a criminal offence.
Section 4 – Managing the subject of an order or interim order
Registering an order
86. Once a Stalking Protection Order has been made it will need to be recorded
on the Police National Computer (PNC) by including the order on the
Operational Information page of a PNC record. This will include the dates
the order was issued and the expiry date, individual force owners and
reference numbers. Any conditions that are imposed as part of the order
can also be added to the PNC entry. This will enable all users of PNC who
need to view the associated record to see the information in respect of the
order being issued and those conditions attached.
87. Throughout the process of applying for an SPO and during the course of an
SPO being in place Police should consider whether a respondent also
meets the criteria for being a Potentially Dangerous Person and therefore
should be included on the Dangerous Persons Database (ViSOR)4.
88. There are additional risk factors which should be taken into consideration
when managing the subject of an order, for example, the respondent’s
access to legal firearms, competency with firearms/weaponry, mental
health difficulties, substance misuse etc. Investigators should conduct such
4https://www.app.college.police.uk/app-content/major-investigation-and-public-
protection/managing-sexual-offenders-and-violent-offenders/potentially-dangerous-persons/
19enquiries as are necessary to identify any additional risk factors and should
include a plan of actions to mitigate the risks.
89. Please refer to the College of Policing’s guidance on information
management for more information.
Notification requirements
90. A person subject to a Stalking Protection Order/interim Stalking Protection
Order must notify the police of their name(s) and their home address, within
a period of 3 days from the date when the order is served.
91. If the name used by or the address of the person changes during the
duration of the order, they must notify the police within a 3-day period of
that change.
92. The notification requirements in section 9 of the Stalking Protection Act
2019 do not apply to a person who is already subject to notification
requirements under Part 2 of the Sexual Offences Act 2003, although if the
latter were to cease before the expiry of the Stalking Protection Order,
section 9 would then apply, with the deadline for notification being 3 days
after they cease to be subject to the 2003 Act.
93. A person whose home address is in England or Wales gives a notification
by:
• attending at a police station in their local police area, and
• giving an oral notification to a police officer, or to any person authorised for
the purpose by the officer in charge of the station.
94. The Stalking Protection Act states that “home address” in relation to a
person means:
• the address of the person’s sole or main residence in the UK; or
• if the person has no such residence, the address or location of a place in
the UK where the person can regularly be found and, if there is more than
one such place, such of those places as the person may select.
95. A person who does not have a home address in England or Wales gives a
notification by—
• attending at a police station in the local police area in which the
magistrates’ court which last made a Stalking Protection Order or an interim
Stalking Protection Order in respect of the person is situated, and
20• giving an oral notification to a police officer, or to any person authorised for
the purpose by the officer in charge of the station.
96. Any notification provided to police must be acknowledged in writing and
recorded, and in such form as the Secretary of State may direct.
97. To verify the identity of a person giving the notification the police can
request to take the person’s fingerprints and/or their photograph. The
person giving the notification must allow the officer to do so.
98. The person subject to the order commits a criminal offence if they either fail
(with no reasonable excuse) to comply with these notification requirements
or provide information in accordance with those requirements that they
know to be false. This is an either way offence punishable on summary
conviction with imprisonment for a term not exceeding 12 months (or 6
months for offences committed before section 154(1) of the Criminal Justice
Act 2003 comes into force) or a fine or both, or on conviction on indictment,
with imprisonment for a term not exceeding 5 years or a fine or both.
However, the person may not be prosecuted more than once for the same
failure to notify.
99. A person commits an offence on the day on which the person first fails
without reasonable excuse to comply with the notification requirements
under section 9 of the Stalking Protection Act 2019. An example of a
reasonable excuse would be if the respondent is in prison, another form of
custody or hospital. Where the PNC shows that the respondent was in
custody throughout the notification period and therefore unable to attend a
police station, the respondent shall not be arrested for breach of the
notification requirements. When a person who is subject to a Stalking
Protection Order while in prison is released from prison, the Prison Service
should notify the police of the anticipated release date so that monitoring of
the notification requirements for the respondent can be appropriately
managed.
100. Proceedings for this offence may be commenced in any court having
jurisdiction in any place where the person charged with the offence resides
or is found.
21Breach
101. A person who, without reasonable excuse, breaches a Stalking Protection
Order or an interim Stalking Protection Order commits a criminal offence.
102. The police should act swiftly when a breach has occurred and need to fully
investigate the offence, as the victim may not be aware of the full extent of
the breach and/or the stalking. They should also consider whether any
further stalking offences have occurred.
103. An arrest should be made at the first opportunity. It is important to be
proactive, as any delay may (a) lead to a loss of the victim’s confidence in
the efficacy of the order; and (b) defeat the purpose of the order of
preventing the stalker from causing further harm to the victim.
104. A delay in arresting respondents who breach Stalking Protection Orders
may signal to the respondent that they will be permitted by the police to
continue breaching the order and stalking their victim without action by
police. This could increase the risk to the victim, particularly as the Stalking
Protection Order itself may have been perceived by the stalker as a
challenge to their control over the victim.
105. An application for a Stalking Protection Order may itself therefore also be a
trigger for escalation by the stalker. It is crucial that the police understand
these risks and take urgent action in cases where orders are breached. The
onus should not be on the victim to ask the police to arrest the respondent
when a Stalking Protection Order is breached; making an urgent arrest
should be the standard response to breaches of Stalking Protection Orders.
106. A breach of an order will be a criminal offence punishable either way on
summary conviction with imprisonment for a term not exceeding 12 months
(or 6 months for offences committed before section 154(1) of the Criminal
Justice Act 2003 comes into force) or a fine or both, or on indictment, with
imprisonment for a term not exceeding 5 years or a fine or both.
107. In breach proceedings a copy of the original Stalking Protection Order or
interim Stalking Protection Order, certified by the designated officer of the
court at which it was made, is admissible as evidence of its having been
made. The weight attached to it will be the same as if it were presented
orally at the breach proceedings.
22108. A single incident would be a breach of the order. A pattern of behaviour is
not required to breach a Stalking Protection Order. A breach of the order
may be used as bad character evidence in subsequent court proceedings
for the original substantive offence.
109. A case file should be prepared in a timely manner.
110. Prosecutions for breaches will be conducted by the CPS. Cases will be
reviewed in the normal way in accordance with the Code for Crown
Prosecutors, and sufficient evidence will need to be gathered before breach
proceedings are commenced.
111. Cases are triable either summarily in a magistrates’ court or on indictment
in the Crown Court. Any cases against children and young people will
normally be heard in the youth court.
112. The standard of proof for breach of an order will be the criminal standard
i.e. ‘beyond reasonable doubt’.
113. The Stalking Protection Act 2019 extends to England and Wales only and
the criminal offences of breach of an order under section 8, or failure to
comply with notification requirements under section 11, do not have
extraterritorial effect. In order for behaviour to constitute an offence in
England and Wales the offending must contain a substantial connection to
the jurisdiction. An example might be where a respondent is undertaking
stalking behaviour in Scotland in breach of an Order where a victim is
located in England or Wales. If the police require further assistance
regarding those criminal offences, they may wish to seek internal advice or
speak to the CPS.
Section 5 – Variation, renewal and discharge of an order or interim
order
114. The police or the respondent can apply to a magistrates’ court for an order
varying, renewing or discharging a Stalking Protection Order or interim
Stalking Protection Order. The application is made by way of complaint to
the magistrates’ court.
115. It is expected that the police will engage with the victim when making an
application for the order to be varied, renewed or discharged.
23116. The court must hear from the respondent and any chief officer of police who
wishes to be heard before making a decision they consider appropriate on
an application to vary, renew or discharge an order.
117. The court cannot impose additional prohibitions and requirements on an
order unless it is necessary to protect a person at risk. Nor can the court
discharge an order before the end of the 2-year period without the consent
of the respondent and the chief officer of police who applied for the order
or, if different, the chief officer of police in the police area in which the
respondent resides.
118. Copies of the order dismissing the application, the variation order, the order
for renewal or the order for discharge should be given or sent by first class
post to the respondent. If the order requires the respondent to comply with
the notification requirements, copies should be sent to all persons who
were given notice of the respondent’s obligation to comply with the
notification requirements.
Section 6 – Appeals
119. An appeal against an Order is made in the Crown Court.
120. A respondent can appeal to the Crown Court against –
• the making of an interim or substantive Stalking Protection Order;
• the making of an order to vary, renew or discharge an order,
following an application by the police; or
• the refusal of the respondent’s application to vary or discharge an
order.
121. The chief officer of police who applied for the Stalking Protection Order,
interim order or order to vary, renew or discharge can appeal to the Crown
Court against –
• the refusal to make an interim or substantive Stalking Protection
Order;
• the refusal of the police’s application to vary, renew or discharge
an order; or
• the making of an order to vary, renew, or discharge an order,
following an application made by the respondent.
24122. At the hearing of an appeal, the Crown Court may make such further orders
as give effect to its determination of the appeal, including incidental or
consequential orders.
123. Any order made by the Crown Court on appeal shall be treated for the
purpose of any later application for variation or discharge as if it were the
original magistrates’ court order, unless it is an order directing that the
application be reheard by the magistrates’ court.
Section 7 – Legal Aid
124. Legal aid may be available to subjects of a Stalking Protection Order or
interim Stalking Protection Order for the making, varying, discharging,
renewing and appealing of the order, as well as in relation to proceedings
for breach of an order or failure to comply with notification requirements.
Criminal legal aid providers should submit an application for a
representation order in the normal way. The application will be subject to
the standard means testing and ‘Interests of Justice’ test. Where an
application is refused, the applicant will be given written reasons for the
refusal and details of the relevant appeal and review processes. Further
details of the process for applying for legal aid can be found at
https://www.gov.uk/guidance/apply-for-legal-aid.
25Annex A – Understanding stalking
What is stalking?
1. There is no specific legal definition of stalking. However, the police and
CPS have adopted the following description5: “a pattern of unwanted,
fixated and obsessive behaviour which is intrusive. It can include
harassment that amounts to stalking or stalking that causes fear of
violence or serious alarm or distress in the victim.”
2. There is no such thing as a ‘typical’ stalking perpetrator or a ‘typical’
stalking victim. This crime disproportionately affects women and girls;
however, it is important to recognise that men and boys may be victims too.
Stalking affects people of all ages, and victims come from a wide range of
backgrounds - stalking is not restricted to public figures and celebrities.
3. Perpetrators will vary in the motivations driving their behaviour, the types of
behaviour they engage in, and what they hope to achieve from their pursuit
of the victim. The relationship between the perpetrator and the victim, as
well as the context in which the stalking behaviour takes place, can also
vary significantly.
4. The perpetrator’s behaviours may appear ‘harmless’ and may in
themselves seem lawful, particularly if considered in isolation rather than as
part of a pattern of behaviour.
However, these behaviours may amount to stalking depending on:
• the context of the behaviour;
• the motivations driving the behaviour; and
• the impact on the victim.
6
Examples of stalking behaviour
5. The Protection from Harassment Act 1997 (see Annex B) includes the
following non-exhaustive list of examples of ‘acts or omissions
associated with stalking’:
a. following a person,
b. contacting, or attempting to contact, a person by any means,
5 This is based on a description developed by Paladin, the National Stalking Advocacy Service, to
increase understanding of stalking.
26c. publishing any statement or other material—
i. relating or purporting to relate to a person, or
ii. purporting to originate from a person,
d. monitoring the use by a person of the internet, email or any other
form of electronic communication,
e. loitering in any place (whether public or private),
f. interfering with any property in the possession of a person,
g. watching or spying on a person.
6. Other examples of behaviours which may amount to stalking depending
on the context of the behaviour, the motivations driving the
behaviour, and the impact on the victim include but are not limited to:
• Contacting the victim’s children, partner, other family members, friends, co-
workers or other third parties.
• Stalking by proxy (stalking people connected to the ‘primary’ victim).
• Sending unsolicited gifts or other items to the victim.
• Hacking the victim’s social media accounts, email, phone or computer.
• Using multiple social media accounts, email addresses or phone numbers
to contact the victim, which may include the use of aliases.
• Information gathering on the victim, such as by contacting third parties,
searching public records, stealing private documents belonging to the victim
or viewing them without the victim’s knowledge.
• Impersonating the victim in order to gather information about them.
• Bringing vexatious litigation or making vexatious counter-allegations against
the victim, or otherwise using official processes to perpetuate contact with
the victim, cause them distress or drain their resources.
• Cancelling or procuring goods or services to the victim.
• Joining the same gym, church, medical practice, educational course,
workplace, sports club or other group as the victim.
• Criminal damage or breaking in to the victim’s home, garden or vehicle.
• Creating or exploiting disputes between the victim and their friends, family
or wider support network, to isolate the victim and make them dependent
on the perpetrator.
• Creating social media posts or websites containing malicious or personal
content relating to the victim, or referencing things which would have
meaning only to the victim.
• Threatening violence against the victim, or actually attacking them.
27• Monitoring the victim by planting tracking or bugging devices, or by
installing or activating a programme or application on the victim’s personal
devices.
• Publishing or threatening to publish personal information or images relating
to the victim (so called ‘revenge porn’, or ‘doxing’).
• Threatening suicide or self-harm, or otherwise manipulating the victim to
respond to contact.
• In the case of former intimate partners, carrying out a campaign of
economic abuse (for example, seeking to control their access to money,
employment, food or other essential resources).
7. The perpetrator can exhibit a combination of any of the above
behaviours which the victim may or may not be aware of. These
behaviours may be carried out online, or using specific technology, or
may be otherwise ‘digitally-enabled’. There may be a combination of
online and offline behaviours.
Motivations and behaviours driving stalking
8. Motivation is a defining factor in the identification of stalking, and what
sets stalking apart from other harmful behaviours and crime types.
9. To understand the level of risk the perpetrator’s motivations have on a
victim, the police could consider the five stalker types:
• Rejected
• Intimacy-seeking
• Incompetent
• Resentful
• Predatory7
More detail can be found at these links:
https://www.stalkingriskprofile.com/what-is-stalking/types-of-stalking /
https://safeguardinghub.co.uk/stalking-the-five-motivation-types/. This is not
the only recognised source of information about types of stalking.
10. The motivation(s) driving the perpetrator’s behaviour may change
over the period of victimisation.
7Mullen PE, Pathé M, Purcell R., “Stalkers and their victims”, Cambridge University Press,
2000.
2811. Even though the actual behaviours exhibited may vary between
perpetrators, these behaviours will often share a consistent set of
characteristics. Consider the stalking acronym FOUR. Are the behaviours
Fixated, Obsessive, Unwanted and Repeated8?
12. Stalking perpetrators can be particularly adept at exploiting professionals,
agencies and systems and may use a range of tactics in order to
perpetuate contact with and control over the victim, including:
• Deliberately targeting people who might be vulnerable.
• Manipulating a person’s mental health (for example, making them think
that they are ‘going mad’).
• Causing or creating vexation, or using the system against the victim by
making false or vexatious allegations.
• Making counter-allegations against the victim e.g. calling in false reports
or claiming to be a victim of the stalking behaviour of the actual victim.
• Attempting to frustrate or interfere with the police investigation.
• Using threats in order to manipulate the victim. For example, by telling
the victim that they will make a counter-allegation against them; that the
victim will not be believed by the police or other agencies; that they will
inform social services; or that they will inform immigration officials where
the victim does not have permission to be in the UK.
13. Police should examine whether any of the behaviours described above
have been a feature in previous relationships where the perpetrator is a
former intimate partner.
14. In light of the overlap between stalking and domestic abuse, police may
refer to the College of Policing Authorised Professional Practice on
investigating domestic abuse, which states that “A manipulative perpetrator
may be trying to draw the police into colluding with their coercive control of
the victim. Police officers must avoid playing into the primary perpetrator’s
hands and take account of all available evidence.” Stalking perpetrators
may also use these tactics to manipulate the courts and other criminal
justice agencies.
8College of Policing (2019) Stalking and Harassment Guidance -
http://library.college.police.uk/docs/appref/Stalking-or-harassment-guidance.pdf
2915. For further guidance on assessing credibility and understanding perpetrator
tactics, see table 1 of the CPS Toolkit for Prosecutors on Violence Against
Women and Girls Cases Involving a Vulnerable Victim.
Impact of stalking behaviour
16. Being stalked can adversely affect all aspects of the victim’s daily life, as
well as their physical and mental health. The impacts of stalking can vary in
each circumstance and can be severe and long lasting. They can continue
to affect the victim after the period of direct victimisation has ended due to
the cumulative effect of the ongoing unwanted behaviour.
17. Victims of stalking may experience:
• Feelings of helplessness, isolation, anger and distrust
• Sleep disturbance/ insomnia
• Stress-related symptoms
• Symptoms of anxiety
• Symptoms of depression
• Symptoms of Post-Traumatic Stress Disorder (PTSD)
• The exacerbation of existing health conditions
• Adverse health impacts as a result of increased use of drugs, alcohol
or cigarettes to cope with their situation.9
18. Being stalked may force the victim and their family and friends to make
significant changes to their daily activities, including but not limited to:
• Deleting or stopping using social media accounts.
• Changing their phone number.
• Buying new personal devices.
• Carrying a personal attack alarm.
• Changing their usual travel times or routes.
• Changing their mode of transport or buying a new vehicle.
• Changing their working pattern.
• Stopping regular activities such as socialising, exercising, walking
pets or shopping, or doing these at different times or locations.
• Not leaving their home, or not leaving their home without being
accompanied.
9 MacKenzie, McEwan, Pathé, James, Ogloff, & Mullen, 2011.
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